Please help...related to divorce & alimony.

Originally posted by : GMS Rao
	1. Usually in every counter they deny specially in matrimonial cases.   2.  According to your information you have filed for mutual consent divorce petition. MCD can be proved; generally at the time of filing MCD both the parties should be present in the court. If it didnt happen, you cannot prove.   3. You cannot avoid maintenance as per the law / moral logic husband is responsible for maintenance of wife/children etc. Exceptions are that you need to prove that she deserted you on her own / she is earning etc.   I suggest that, as many replies you get on the forum you will be confused. Keep trust in your lawyer/counsel and proceed.  Discuss all this things with your lawyer and only he can help you as he is the person to draft your petition/counter etc. and convey the court what you want.

1.    Now I have filed the divorce petition on the ground of mental cruelty & desertion.We had applied for MCD which was not sucessful. Now she is saying that MCD was fraud.

Originally posted by : G.M.S. Rao.
	1. Usually in every counter they deny specially in matrimonial cases.   2.  According to your information you have filed for mutual consent divorce petition. MCD can be proved; generally at the time of filing MCD both the parties should be present in the court. If it didnt happen, you cannot prove.   3. You cannot avoid maintenance as per the law / moral logic husband is responsible for maintenance of wife/children etc. Exceptions are that you need to prove that she deserted you on her own / she is earning etc.   I suggest that, as many replies you get on the forum you will be confused. Keep trust in your lawyer/counsel and proceed.  Discuss all this things with your lawyer and only he can help you as he is the person to draft your petition/counter etc. and convey the court what you want.

Sir, we both were present at MCD filing. First  motion was also completed. At first motioned Hon. judge asked her consent.

Now she is dening all these happened at all.

Originally posted by : Pankaj Akola MS
	Originally posted by : Sujay 5.     What to do if she asked huge amount & I am not able to pay it. If I fight case on merit basis what will be alimony amount. She has already refused maintenance in notary & in MCD affidavit. Its like mandi, ie vegetable market, bargaining is the best option. Make sure that the judge comes to know how much is your capakity to pay  money.  I really cannot say what the alimony amount will be as I do not have any idea about your or her earnings and financial status.  NOw that she has refused alimony, it does not mean that she cannot ask alimony later. 6.     What steps should I take to reduce alimony amount. LIC/ Car loan/Home loan EMI will help. LIC/ car loan home loan emi, I could not get my head around it, could you explain what connection between you paying LIC premium and EMI of car and home loans? Only way out for reducing alimony is tell The petitioner begs to submit as under:  and cry in your application that you are incapable of paying huge sums of money, and that to reduce it so that you need not have to sell your kidney in the near future to clear off the balance of interim alimony! Normal 0 false false false EN-US X-NONE MR MicrosoftInternetExplorer4 Thanks for your reply... My assumption is that ( may be wrong ….I don’t know…) after paying all EMI/ insurance premiums less amount will be left in hand & based on this amount maintenance will be decided. I have seen somewhere mentioning that home EMI will be considered but don’t know about car EMI & insurance premium. /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; mso-bidi-font-size:10.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} Pankaj

Income - liabilities = actual income on which alimony will be calculated, usually 1/3rd of such income.

Also wife's educational qualification will be considered, [submit proof that wife is well qualified]  show evidence that wife is working, or was working and is capable of earining money.

My court date was on 29/04/2013.

1. Submitted the reply for section 24 Interim maintenance application.

2. I have also amended my divorce petition by adding new ground of Adultery.

Reason to add this ground:

My divorce petition was filed on the ground of desertion & cruelty. My marriage duration was just 2 month & conjugal relation was not established at all. This fact was also accepted by my Ex-wife in notary document which was signed by both of us.

But now in her WS/reply to my divorce petition she has mentioned that she was pregnant after one & half month of marriage. This pregnancy was removed by her as she lost faith on me.

I don’t know why she had added false thing of pregnancy. But my lawyer was happy to see that as she herself has given one ground for allegation.  

My next date is 29/05/2013.

You have got a very good lawyer...Don`t lose him

1. Amendment with Adultery ground allowed in my divorce petition. After lot   off arguments from both the sides finally my application to amend   divorce petition with adultery ground was allowed. Initially Hon. Judge was  adamant  on the name of adulter as a party and was not listening anything. But my lawyer argued very well and finally allowed my application.
2.  Interim Maintenance order passed: It’s 1/4^th of demanded. Litigation  expenses also too small. 

Dear DV fighter,

I have exactly same situation as yours. DV after unsuccessful MCD. My ex has alleged that me and my family members have threatened her to go for MCD. DV was filed after 2 years of desertion. To counter DV case i filed divorce petition. I am totally dependent on MCD certified copies to save myself. Will it save me?

Any tips and tricks to get rid of it?